People v. Scission

Decision Date19 May 2009
Citation12 N.Y.3d 859,909 N.E.2d 594
PartiesPEOPLE v. SCISSION.
CourtNew York Court of Appeals Court of Appeals

Appeal from 4th Dept.: 60 A.D.3d 1391, 875 N.Y.S.2d 384 (Erie).

Application for leave to criminal appeal. Denied. (Smith, J.).

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4 cases
  • Scission v. Lempke
    • United States
    • U.S. District Court — Western District of New York
    • May 16, 2011
    ...Dept.2009). Petitioner sought leave to appeal to the Court of Appeals, which was denied on May 19, 2009. People v. Scission, 12 N.Y.3d 859, 881 N.Y.S.2d 671, 909 N.E.2d 594 (N.Y.2009). Petitioner filed a motion to vacate the judgment on March 18, 2010. Petitioner claimed that testimony was ......
  • People v. Presha
    • United States
    • New York Supreme Court — Appellate Division
    • April 1, 2011
    ... ... Finally, defendant contends that the prosecutor engaged in misconduct during the trial. Defendant failed to preserve for our review his contention with respect to many of the instances of prosecutorial misconduct ( see People v. Scission, 60 A.D.3d 1391, 1392, 875 N.Y.S.2d 384, lv. denied 12 N.Y.3d 859, 881 N.Y.S.2d 671, 909 N.E.2d 594, rearg. denied 13 N.Y.3d 749, 886 N.Y.S.2d 103, 914 N.E.2d 1021), and we need not determine whether he was denied a fair trial based on the alleged instances that are preserved for our review ... ...
  • People v. Powell
    • United States
    • New York Supreme Court — Appellate Division
    • December 30, 2010
    ... ... Jones, 63 A.D.3d 1582, 1583, 880 N.Y.S.2d 427, lv. denied 13 N.Y.3d 797, 887 N.Y.S.2d 546, 916 N.E.2d 441; People v. Scission, 60 A.D.3d 1391, 875 N.Y.S.2d 384, lv. denied 12 N.Y.3d 859, 881 N.Y.S.2d 671, 909 N.E.2d 594, 13 N.Y.3d 749, 886 N.Y.S.2d 103, 914 N.E.2d 1021). In any event, we conclude that "any alleged misconduct was not so pervasive or egregious as to deprive defendant of a fair trial" ( People v. Pruchnicki, ... ...
  • People v. Wragg
    • United States
    • New York Supreme Court — Appellate Division
    • March 28, 2014
    ... ... Defendant failed to preserve his contention for our review with respect to many of the instances of alleged prosecutorial misconduct ( see People v. Scission, 60 A.D.3d 1391, 1392, 875 N.Y.S.2d 384,lv. denied12 N.Y.3d 859, 881 N.Y.S.2d 671, 909 N.E.2d 594,reconsideration denied13 N.Y.3d 749, 886 N.Y.S.2d 103, 914 N.E.2d 1021), and we conclude in any event that “[a]ny ‘improprieties were not so pervasive or egregious as to deprive defendant of a fair ... ...

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